Colorado Durable Power of Attorney Laws

A durable power of attorney is a legal document that allows a trusted individual named in the document to make important health care and end-of-life decisions on behalf of the principal (the person initiating the action). In practice, a durable power of attorney (also called a "health care power of attorney") is used by the named individual when the principal is unconscious or otherwise unable to consent to medical procedures. If the patient does not want to be kept alive through artificial respiration and has stated this clearly in a living will, for example, then the other individual may relay this information to the physician.

Colorado's Durable Power of Attorney Laws at a Glance

Under Colorado law, a durable power of attorney may be revoked by the principal at any time. A divorce, annulment, or legal separation automatically revokes a durable power of attorney if the former spouse is the named individual. Additional details of Colorado durable power of attorney law -- or Colorado Patient Autonomy Act -- are listed in the following table.

Authority of an agent to act on behalf of principal who lacks decisional capacity in consenting to or refusing medical treatment including artificial nourishment and hydration; may include conditions or limitations of agent's authority

Legal Requirements for Durable Power of Attorney

Directive must contain the words, "This power of attorney shall not be affected by disability of the principal."

Revocation of Durable Power of Attorney

Divorce, dissolution, annulment, or legal separation revokes any designation of former spouse as agent; otherwise can be revoked at any time

Validity from State-to-State

A durable power of attorney executed in another state shall be presumed to comply with this law and may, in good faith, be relied on by a health care provider

If Physician Unwilling to Follow Durable Power of Attorney

Physician must provide for prompt transfer; physician must not provide care and comfort pending transfer

Immunity for Attending Physician

No criminal or civil liability or regulatory sanction for complying in good faith with medical treatment decision of agent acting in accordance with advanced medical directive